Against a series of orders passed on 16.10.2012 by the Assistant City Planner for Circle No. VII of Greater Hyderabad Municipal Corporation, the petitioners instituted this writ petition crying foul of the contents of the said notice. All these orders are passed by the Assistant City Planner concerned in accordance with Section 636 of the HMC Act, 1955 directing the petitioners to voluntarily remove the unauthorized constructions made by them respectively within three days failing which intimating the petitioners that such structures will be removed by the GHMC at the expense of the petitioners. The petitioners have asserted that these orders have been served on 19.11.2012 by speed post by the respondents.

Section 636 of the Act gives power to the Commissioner to require any construction made without obtaining necessary permission to be removed and in case the person to whom such a direction was issued by the Commissioner ignores or fails to remove any structure within the time specified, the said task will be carried out by the corporation at the expense of the said individual. It is not in dispute that the petitioners have been issued a notice in terms of Section 452 of